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Is Driving With A Cold As Bad As Drunk Driving?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 17th, 2012: Law Blogger

It is cold season and with all of these people walking around the streets or sitting at their desks sneezing and coughing and downing shots of Dayquil like it’s Jagermeister at a frat party, it’s no wonder that they may have some trouble getting home and sometimes get into auto accidents.

And if a person is sick and single, or at least left to fend for themselves at home while their spouse or significant other is at work, it seems that driving is required to get to the store in order to get some (any) relief…and ice cream. Walking long distances when you barely have the energy to lift your head seems overwhelming, but getting to the car is just as hard.

However, now science has stepped forward and proven that driving with a heavy cold can affect ability to the same extent as drinking more than four double whiskies. Wow, now that IS a frat party!

Driving With A Cold

Could the most dangerous people on the road potentially be totally sober, if not for the bacteria that’s trying it’s hardest to consume them? Safety experts suggest the answer could be “yes.”

British Insurance company Young Marmalade, which carried out the research jointly with UK car and bike accessory manufactuerer, Halfords, say that they have found a dramatic increase in poor driving when cold sufferers were subjected to scientific tests.

Researchers say that driver’s reaction times dropped sharply when they had severe cold symptoms, sudden braking became much more frequent and cornering became erratic as the test subjects were found to be less aware of what was around them.

The research team used what is called a “telematic” box, which records drivers’ speed, braking, and cornering, just like the little black box one might find on an airplane. After a thorough examination of the data, researchers found that a participant who had an “excellent” driving rating of 95% when healthy dropped to 60% when suffering from a cold.

Based on a common UK rating system, a person at 60% should expect to be involved in an accident and may be deemed uninsurable by normal insurance companies. It inspired Young Marmalade to issue a warning for motorists not to drive with heavy colds or flu.

“We would advise a commonsense approach. A heavy cold can impair a driver’s mood, concentration and judgment, if you don’t feel well don’t drive,” they said.

Cardiff University Common Cold Unit in South Wales has also come out with similar conclusions from research they conducted in 2011 involving cold and flu sufferers. They found that their subjects had poor reaction times and alertness, putting them at risk of being involved in an serious car accident.

Symptoms of Bad Driving

Though it is almost impossible to truly gauge statistically, insurance companies suspect sick drivers are responsible for thousands of accidents every year. Police warn that drivers getting behind the wheel while suffering a heavy cold could potentially be putting other drivers at risk and could be found to be driving under the influence (DUI) if they’ve been found to have consumed too much over the counter medicines with alcohol in them. However, they also warn that flus and colds can lead to dangerous, even reckless, behavior.

“Sneezing can be very violent, especially with a severe cold and causes the sufferer to close their eyes temporarily,” said Pc Steve Rounds, of the Central Motorway Police Group.

Symptoms that should make you reconsider driving:

Fever (100º F or greater) – Fevers can cause lightheadedness and confusion and have even been known to cause hallucinations if they are greater than 104º. Every flu is accompanied a temperature, but if it exceeds 100º do not operate a vehicle.

Headache – A mild headache and operating a vehicle can be fine, but a flu headache resembles that of a migraine. Light and sound are abrasive and painful causing the sufferer to close their eyes and beg for quiet and darkness. Flu headaches can cause blurred vision, excessive blinking, confusion, and severe shooting pain. You should not drive with those symptoms.

Muscle aches – These are irritating, but driving with them is not a potential cause of a car accident unless pain medication is taken (see below).

Chills – This is a sign of a fever and should prompt the sufferer to stay in bed.

Extreme tiredness – This is a very bad symptom to be driving on. Drowsy driving causes thousands of car accidents and thousands of deaths and injuries every year as tired drivers drift into oncoming lanes and off of roads.

Coughing or Sneezing – A hacking cough or excessive sneezing can cause the driver to take their hand temporarily off of the wheel and may cause them to close their eyes. This can be a problem when accidents can happen in a split second.

Runny nose – This symptom is just irritating and gross, but doesn’t really contribute to accidents. But driving with one hand while the other is occupied with a tissue only adds to the over dangerousness of driving with a cold.

Seattle Car Accident Attorney

Washington law is very specific about its reckless driving laws, including such things as tailgating, speeding, and driving erratically. Though it may be found that sick drivers are not under the influence of cough syrup or other cold and flu drugs, if they get into a car accident they could potentially be found negligent reckless driving by driving erratically.

If you or someone you know has been injured in a car accident in the state of Washington, you need an experienced representative to assure you receive the best settlement. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.
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Are Drunk Drivers Aware Of Their Dangerous Behavior?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney

January 5th, 2012: Law Blogger

New Years Eve has passed and slowly the tally of drunk drivers caught over that notorious night and the DUI heavy holiday season come in from local and state law enforcement agencies. So far, the tally looks pretty normal with some municipalities showing an increase and some a decrease. But what they don’t seem to tally are the excuses.

When some people make a mistake, they like to blame the alcohol. “I was drunk!” they might say, but this is seldom an excuse used by drunk drivers for obvious reasons. So how do they explain away their behavior? Well, who knows or cares, because as new research shows, there are no good excuses when it comes to DUI, because the drivers are fully aware of what they’re doing.

That’s right, DUI drivers can now give a laundry list of excuses, but that won’t eliminate the fact that they were completely aware that they had been drinking and were then getting into a car and that is not only a mistake, but illegal.

DUI Awareness Study

The new study called Alcohol Effects on Performance Monitoring and Adjustment: Affect Modulation and Impairment of Evaluative Cognitive Control, can be seen in the upcoming edition of the Journal of Abnormal Psychology and was paid for by the The National Institute on Alcohol Abuse and Alcoholism and the University of Missouri Research Board.

The study took brain tests of 67 people and showed that alcohol dulls a mechanism in the brain that tells an individual to stop their behavior when they realize they’re making mistakes. Essentially, the study shows that people who commit blunders while under the influence of alcohol know they’re doing it; they just don’t care.

“This isn’t the first study that shows alcohol alters the behavior of those who consume it, but it’s the first to show they don’t care that they’re making mistakes,” said Bartholow, associate professor of psychology at the University of Missouri-Columbia and lead researcher.

The implications of this study is that people who put the public in danger by drinking and getting behind the wheel can’t blame it on not having control because they are fully aware of their behavior, the potential for serious car accidents.

The study group derived of people between the ages of 21 and 35 that were broken into three groups:

Group A – One-third of the participants received drinks with enough alcohol to raise their blood levels to just under the legal driving limit of .08 blood alcohol content (BAC). Researchers noted that all participants in the control group got the same amount and they didn’t measure if the effect was gradual.

Group B – Another third of the participants received non-alcoholic placebo drinks, however they didn’t know if the drinks contained alcohol or not.

Group C - A third received drinks they knew contained no alcohol.

Each group was then assigned tasks designed to elicit mistakes. Researchers used devices on the participants to measure brain activity as the subjects took the tests. Medical technology exists to measure brain activity for impulse control, emotion, mood and other functions. With these devices they recorded results as they observed various factors in participants behavior during the tests such as

  • Mood and demeanor
  • Accuracy in computer tasks
  • Perception of accuracy in the tasks

Though this was a computerized test and not a driving simulator, the moral and reactionary tests were similar. When the mechanism is working, researchers observed that the participants that didn’t ingest alcohol slow down and either tried not to make the mistake again, or they take corrective action. However, the control group that had alcohol was observed to be more likely to disregard the moral stop sign, even though they knew what they were doing.

It became apparent that non-drinkers had normal activity in the part of the brain that regulated recognizing mistakes, whereas drinkers had less activity.

“Normally, someone who makes mistakes is aware and makes an effort not to make that mistake again,” Bartholow said. “Drinkers made less of an effort or simply moved past their errors even though they knew they’d made errors.”

The dulling of the brain’s mistake alarm only occurred among people who had alcoholic beverages, he said, and added that using alcohol doesn’t allow someone to escape culpability.

Drinking and Driving In Washington State

Washington State DUI laws, like most laws around the world, prohibit the operation of a motor vehicle by a driver not only under the influence of alcohol, but also under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants. These include prescription drugs that specifically warn against operating machinery.

The .08 percent limit is a general standard used across the US to determine which drivers are “impaired.” Washington has lower BAC limits for commercial drivers (.04) and drivers under the age of 21 (.02). This ensures that underage drivers and commercial drivers stay alert and responsible.

The DUI limits translate as such:

DRINK EQUIVALENTS: 1 drink / 1 dose equals:

  • 1 1/2 ounces of rum, rye, scotch, brandy, gin, vodka etc.
  • 1 12-oz. bottle of normal-strength beer 3-4%
  • Approximately 7 – 8 oz. of Malt Liquor, or a strong micro brew.
  • 3 ounces of fortified wine
  • 4 – 5 ounces of table wine

Allow an hour per dose before returning to work. Example 2 glasses of wine, allow two hours from time of last dose.

Seattle DUI Victims Lawyers

If you or a loved one sustain serious personal injuries caused by a drunk driver then it is imperative that you find a good lawyer with a proven track record of success in personal injury litigation. Call Phillips Webster for a free consultation.

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How Do I Get Around This New Year’s Eve?

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 30th, 2011: Law Blogger

It’s almost 2012! Are you excited? You ask some people what their favorite holiday is and they’ll give you a myriad of answers, but the sheer volume of people out and about during New Year’s Eve will tell you that December 31st tops their list.

What other holiday can you dress up, let off the steam of a whole year, and not really care because everyone else is doing it? But of course, this doesn’t mean that laws and consequences don’t apply. That’s where concerns about drinking and driving come in.

Believe it or not, the police have found out about New Year’s Eve and are out in force looking for the drunk drivers. This is not only to keep the streets and pedestrians safe, but it’s also a fantastic source revenue for the state and municipality. See? Everyone wins, except you if you’re caught drinking and driving.

What to Expect If You Are Caught Drinking and Driving

The Washington State legislature has been particularly active this year making the Driving Under the Influence (DUI) Laws that much more stringent. If you think that you can talk your way out of the ticket, think again. If the multiple local arrests for drunk driving this year including Legislators, Mayors, and even Prosecutors has shown the general public that getting out of a DUI arrest is virtually impossible.

Here’s what happens:

  • You will get tested on the roadside and recorded on a dash cam so try to look your best.
  • You will get to blow into a tube. If you refuse, the consequences get even worse when you’re prosecuted (and you WILL be prosecuted).
  • Your car will get impounded and held for (up to) 48 hours.
  • You will ride in a police car to the jail.
  • You will get your picture taken.
  • You will spend the night in jail with people you probably would never have wanted to meet.
  • You will get fined up to $5000.
  • You will go to court.
  • You might get more jail time.
  • You might get an ankle bracelet detaining you to your home and work.
  • You might get to blow into a tube in order start your vehicle for up to a year after.

If this is not your first DUI offense, the rules tighten up considerably, and according to new legislation passed this year, if you are deemed a habitual offender with 3 or more arrests, it becomes a felony. This has multiple lasting consequences that change your life considerably.

Getting Around On New Year’s Eve

Regardless of where you go and how you get there, expect to go slow because the roads are packed until about 1am the closer you get to urban areas and destinations such as Casinos, concert venues, etc. This makes most paid rides such as taxis, limos, and town cars expensive, but still worth it. However, getting to a venue is not generally the problem, it’s after you have had that bottle of champagne, two shots of “I forget, but it was red and fruity,” and the other drinks along the way.

Metro (Seattle Metro, Sound Transit, Regional Transit) – Metro generally has some late night schedules running past midnight. Know your schedules and choose a route and destination. Have a contingency plan if you miss the bus. Be careful walking to the bus stop and waiting, it would be best to choose a well populated bus stop. And Remember, the key to riding transit is patience.

Taxi – Expect long waits both to be picked up at the beginning of the night and the end of the night. Remember, everyone wants a taxi the same time you do most likely so calling the taxi company can be dicey, so identify your nearest taxi stand and dress warm for a long wait. Those can be found at casinos, hotels, and have been installed in some of the most popular places in Seattle. Expect to pay no less than $50 no matter where you go. It’s worth it.

Limo and Town Car – These have most likely been reserved, but if you have friends who have an extra space, grab it. The cost should be no more than a cab for each individual in the group and gives you a great safe mobile party. However, if the driver is just giving you a ride to your car so that you can drink and drive from somewhere else, it’s not worth it.

Party Bus – There might still be some space left on a party bus. They pick up from a centralized place at a certain time and drop off at a certain time. This is a great way to get around safely and meet new people. However, make sure that if they drop you off at your car that there is an all night café to get food and water to help you sober up before driving.

Walking and Neighborhood Parties – One of the best New Year’s Eves you can ever have is right by your home celebrating with your community either in local bars or at a neighbor’s house. It lets you meet new people you see often, but never met personally, and most of all you support your local business. Also, with all of the money you save on taxis, you can allocate the money to a new dress or bottle of fine champagne. You deserve it.

DUI Victim’s Attorney

New Year’s Eve is one of the best times of the year because to many people it signifies a fresh start. But starting the year with a DUI or vehicular homicide charge could make it the year that your life took a turn for the worse. Would you spend $100 on a taxi to save yourself $5000 in fines, potential loss of your job, and possible jail time? Most people would say yes.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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How Often Do People Drive On Drugs?

auto accident attorney, Auto Accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers

July 8th, 2011: Law Blogger

Seattle DUI Victim's lawyerYou probably haven’t been driving for very long if you’ve never suspected another driver around you of being drunk. They swerve, leave their blinkers on, drift in their lane, take wide turns, and generally drive like they’re, well, “on something.” That behavior is very easy to spot, but when someone is actually on something other than alcohol, their behavior is very different and may not be as demonstrative.

Currently only 19 states have laws prohibiting any amount of drugs while operating a vehicle, according to the Governors Highway Safety Association. The laws in Washington State for driving under the influence (DUI) are pretty explicit. According to RCW 46.61.502:

(1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:

(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

But the problem is identifying the people driving under the influence of specifically drugs. The reason for this is that each drug has a unique effect on the user and thus has a unique effect on the way they drive. Also, some prescription drug users may not even know that it is illegal to drive on the drug on which they are driving because the drug is legal. Yet, so is alcohol.

“Unlike data for drunken driving, data on drugged driving are limited,” says Robert DuPont, former head of the National Institute on Drug Abuse. “There’s still an inadequate appreciation of drugged driving separate from the alcohol problem.”

Types of Drug Tests

Alcohol has many field sobriety tests that police officers can put the driver through to test their intoxication. There was period of time recently in Washington State that breathalyzer tests were not allowed due to the integrity of the state testing lab. But drugs are much harder to detect even during a routine traffic stop. Generally the only way to know if someone is under the influence of any drug other than alcohol is to test them one of three ways.

Blood Test – These types of tests are considered to be the most accurate way of telling if a person is intoxicated. Blood drug tests are not used very often because they need specialized equipment and medically trained administers. These factors make it a more costly testing method.

Hair Follicle Test – “Hair analysis” is a very accurate way to test if someone is on drugs or has taken drugs very recently. Unlike blood tests, it gives a fairly accurate timeline of when the drugs were taken.

Urinalysis – This accurate test shows how much of the substance is in person’s system at any given time. Some law enforcement agencies have begun to use a portable system that give an instantaneous reading, yet the accuracy is still in dispute.

Saliva Test – Much like the urinalysis, this test also has a field version that may not be construed as completely accurate, but enough to gauge whether a driver is under the influence of a foreign substance.

Drug Use and Fatal Crashes

In a 2011 study conducted by the Pacific Institute for Research and Evaluation in Calverton, Md, co-authors Eduardo Romano and Robert Voas say drivers who die in crashes test positive for drugs 25% of the time. This is a surprising revelation that may potentially have a ripple effect on DUI legislation in Washington State.

Romano, Voas, and their colleagues examined data on more than 44,000 drivers in single-vehicle crashes who died between 1999 and 2009. They found that 24.9% tested positive for drugs and 37% had blood-alcohol levels in excess of 0.08, the legal limit. Fifty-eight percent had no alcohol in their systems; 5% had less than 0.08. The data were from a government database on traffic fatalities.

What’s unique about this study is that it is one of the first to show the prevalence of drug use among fatally injured drivers. Among drivers who tested positive for drugs, 22% were positive for marijuana, 22% for stimulants and 9% for narcotics. The study also examined interaction between alcohol and drugs in fatal crashes. Researchers found no evidence that combining drugs and alcohol produced greater impairment.

“When a driver is drunk, it doesn’t matter what drugs are in their system. The alcohol takes over,” Romano says.

Testing Positive

Seattle DUI Victims AttorneyThis is not the first time this issue has come to the forefront. In perhaps the most extensive research to date, the 2007 U.S. National Roadside Survey, researchers from the National Highway Traffic Safety Administration (NHTSA) and two other institutions set out to randomly sample drivers’ sobriety.

With the aid of local law enforcement, researchers and authorities stopped drivers at 300 locations in 48 states during four periods on Friday and Saturday nights. At 60 of the locations, drivers were stopped during a day-time period. Blood samples were obtained from 3,276 drivers and saliva samples from 7,719. The samples were used to detect the presence of 75 different drugs.

For daytime drivers the numbers were lower than at night. Based on saliva tests, 11% of day-time drivers were positive for drug use and 6% tested positive for illegal substances. In contrast, 14.4% of nighttime drivers tested positive for drugs and 10% tested positive for illegal drugs. Not surprisingly, alcohol was found more than any other drug, with marijuana coming in second.

Further, anti-medical marijuana legalization advocates gained some fuel from this study by comparing another similar study conducted in California. By comparing data, it was found that states that have legalized medical marijuana showed slightly higher rates of drivers under the influence of the drug.

In the California study, 819 California drivers supplied saliva samples, which showed 8% of them were positive for marijuana. Most of the people who said they had medical-marijuana permits tested positive. More drivers with permits tested positive for marijuana than drivers without permits.

Seattle DUI Victims Lawyers

The next phase of the National Roadside Survey will look at the extent to which drug use is related to crashes. It is wise to find out the impact of drug use on driving as states adjust their marijuana policies, including Washington State. Though we neither condemn nor condone the use of medical marijuana or any other legal medication, we do not support driving under the influence of that substance.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Is Buzzed Driving Really Drunk Driving?

Car Accident, Car accidents, DUI, DUI accident, personal injury, Seattle car accident attorney, Seattle Car Accident Lawyers, Washington car accident attorney, Washington car accident lawyer

July 7th, 2011: Law Blogger

buzzed drivingYou may have read that Washington State law enforcement agencies are gearing up for a push toward busting those who are driving under the influence (DUI). State and municipal bodies alike are put aside money for overtime and extra patrols in anticipation of summer. The earliest municipality to start this push is the Tacoma Police Department who announce the start of extra patrols two weeks early in mid June.

This is all part of the “Buzzed Driving is Drunk Driving” campaign. Though past campaigns such as “Friends Don’t Let Friends Drive Drunk” and “Drive Drunk and You Will Be Arrested.” Both of these campaigns were highly effective in lowering drunk driving deaths, especially when accompanied by strong enforcement, but the new Buzzed campaign has run into some scrutiny.

The basis of the scrutiny is the amount of alcohol one can drink before they are considered impaired. A couple of glasses of wine with dinner or a couple of beers with friends should be alright, right? But a short study by the National Highway Traffic Safety Administration (NHTSA) found that young men between the ages of 18 and 34 were responsible for the vast majority of drunk-driving accidents. When these men were asked to make a distinction between being drunk and being buzzed, they defined “buzzed” as having a couple of beers, but when pressed, “a couple of beers” was more like 8 to 10 beers.

“Everyone understands dancing-with-a-lampshade drunk and says they would never drive like that. But they do drive with a buzz on because they don’t believe they are impaired,” said Robin Mayer of the NHTSA.

Sure, almost every impaired driver is going to say “I only had a couple of drinks.” Law enforcement officers can almost mouth the words with them as they say it. But exaggeration aside, a new study has found that blood-alcohol content (BAC) well below the U.S. legal limit of 0.08% are associated with car accidents leading to personal injury and wrongful death.

Buzzed Driving Study

The 0.08% BAC is a national standard, but according to a University of California, San Diego sociologist David Phillips, no amount of alcohol seems to be safe for driving. His study was published in the journal Addiction.

Phillips, with coauthor Kimberly M. Brewer, also of UC San Diego, examined official data from the Fatality Analysis Reporting System (FARS). FARS is a national database that has multiple datasets, but includes information on all persons in the U.S. who were involved in fatal car accidents (1,495,667 people in the years 1994 to 2008). It is great for this type of research because it covers all U.S. counties, all days of the week and all times of day. Perhaps most important, it reports on blood-alcohol content in increments of 0.01% BAC.

The researchers found that accidents are still 36.6% more severe even when alcohol was barely detectable in a driver’s blood. Data showed that even with a BAC of 0.01%, there are 4.33 serious personal injuries for every one non-serious personal injury as opposed to 3.17 for sober drivers.

“Compared with sober drivers, buzzed drivers are more likely to speed, more likely to be improperly seat-belted and more likely to drive the striking vehicle, all of which are associated with greater severity,” Phillips said.

In general, accident severity is significantly higher on weekends, between 8 p.m. and 4 a.m. and in the summer months, June through August. But when the researchers standardized for day of the week, for time of day and for month, the relationship between BAC and more dangerous car accidents also persisted.

“We hope that our study might influence not only U.S. legislators, but also foreign legislators, in providing empirical evidence for lowering the legal BAC even more,” Phillips said. “Doing so is very likely to reduce incapacitating injuries and to save lives.”

Some countries have already lowered their BAC limits and are far less tolerant. Canada won’t allow people DUI violation into their country. In Germany, the BAC limit is 0.05%; in Japan, 0.03%; and in Sweden, 0.02%. These countries have far superior transportation systems that allow for alternatives to driving in most cases, but that does not make driving drunk okay in the US.

Drunk Driving Penalties

Seattle DUI Victims AttorneysWashington State is at the forefront with a handful of other states in the United States when it comes to curbing DUI and accident related deaths. Governor Chris Gregoire announced the Target Zero program that is aimed to stop ALL traffic related deaths by 2030. That’s right, she wants no deaths that year. Washington state is already lower than the number of deaths in the state in 1955, even with almost 10 times the cars on the road.

The basis for the Target Zero program and the “Buzzed Driving is Drunk Driving” campaign is law enforcement and education. People need to understand that drunk driving is not an option and that they could be ruining their lives by doing it. For example, offenders possessing a BAC at or above .15 or those who refused to take a breath test face harsher penalties than those with a BAC of .08 to .149. But, people found in violation will have harsh consequences.

Washington State Criminal Penalties

Education – In WA, a judge may require an alcohol abuse assessment or substance abuse treatment. These are classes, rehab, groups, or individual treatment.

Electronic Monitoring – In lieu of mandatory incarceration, a judge may choose to employ a form of community control, known as electronic home monitoring for a period of 15 days or 30 days, depending on BAC of driver. The ankle bracelet limits the offender to their home or specified locations and routes.

Fines – The minimum fine for a DUI is $865.50, with the maximum of $5,000 for offenders with BAC below .15. Offenders with BAC above .15 face fines of at least $1,120.50, not exceeding $5,000. These fines don’t include court costs, administrative costs, cost of reinstatement of license, impound costs, etc.

Incarceration - First offense convictions carry mandatory incarceration of one day; two days for offenders with BAC in excess of .15. Maximum incarceration in either case cannot exceed one year.

Ignition Interlock Device – The defendant, if they suffer severe economic hardship due to license suspension, can petition the court to install an ignition interlock device.

Insurance – Drivers who attempt to reinstate their licenses either following suspension or during a probationary period are required to obtain SR-22 insurance coverage in Washington. The state requires:

  • Liability limits of at least $25,000 bodily injury per person.
  • $50,000 bodily injury per accident.
  • $10,000 property damage.
  • Minimum of 36 months coverage.

Seattle DUI Victims Lawyers

So the take away from this article should be “yes;” buzzed driving is drunk driving and above that, you will get in huge trouble if you do it. Patrols are out looking for offenders right now. It is not worth the cost, hassle, or seriously deadly consequences. It is best to have a designated driver or be prepared to have the extra expense of a cab.

If you or someone you know have sustained serious personal injuries as a victim of a negligent driving accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Fuel Truck in DUI Accident Causing Life-Threatening Injuries

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, head-on, Seattle DUI accident lawyers, wrong way

January 10th, 2011: Law Blogger

DUI Victims AttorneyIn the movies every other car is a tanker truck and they’re like giant chicken eggs full of fuel that explode if someone throws a rock at them. Luckily for a couple of people and a truck driver, this doesn’t reflect reality where tanker trucks are actually engineered NOT to explode when they are in an accident. Instead they are victims of something much more deadly, driving under the influence (DUI).

Police say the accident happened around 5:40 am on Sunday when a woman in her early 30’s was driving and her 22 year-old male passenger were going the wrong-way down a one-way street in downtown Vancouver, WA. The winter sky was still dark and the weather conditions are unknown, but the fuel truck didn’t see them coming in time and the car and the truck collided at the intersection of 15th and Washington streets.

Police and fire were immediately called to the scene to secure the area from any sort of fuel spill. In the car they found that the 22 year-old passenger had suffered life-threatening injuries and has to be rushed to Southwest Washington Medical Center for emergency surgery. The details of his injuries have not been disclosed and his status

The female driver was also taken to the hospital with minor injuries. There the police will likely have her blood drawn because they suspect that this accident was due to DUI. They also found that she was driving on a suspended license for another undisclosed infraction.

The truck driver was not hurt in the accident, but the tanker truck was and had to be towed from the scene. Authorities found that the tanks on the truck held their integrity and no fuel was spilled.

There has been no indication of any charges filed. Often there is a delay in charges in order to wait for toxicology tests. If they show that the driver was in fact DUI, then the state could charge her with vehicular assault, a felony that carries much higher fines and possible jail time for the defendant.

This also means that the male passenger has a potential personal injury lawsuit due to the negligence of the driver who nearly killed him. At that point he will need the help of an experienced lawyer with a proven track record of success in personal injury compensation.

If you or a loved one sustain serious personal injuries caused by a drunk driver then it is imperative that you find a good lawyer with a proven track record of success in personal injury litigation. Call Phillips Webster for a free consultation.

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State Rep. Santos Pleads Guilty to Negligent Driving, Gets 3 Month Suspended Sentence

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

January 7th, 2011: Law Blogger

Seattle DUI Victims LawyerSome members of the community of Seattle’s 37th District are feeling a little leery today, but most just don’t know that their State Representative, Sharon Tomiko Santos, was not the model citizen they might have expected her to be this summer. The reason why they probably didn’t know is because she, and her staff, did an unbelievable job of keeping the whole fiasco hush-hush.

Santos is the former majority whip and currently chairs the education committee. She represents the state’s 37th Disttrict, which serves Seattle’s Rainier Valley, Madrona, North Beacon Hill, Rainier Beach, Mt. Baker, Leschi, Columbia City, southern Capitol Hill, Skyway and parts of Renton.

Last July, according to the Washington State Patrol, she was drifting across lanes on Interstate 5 in South Seattle at freeway speeds. This prompted officer to pull her over and initiate a field sobriety test.

“The driver, Sharon Santos, stated she was coming from a bar. I asked Ms. Santos if she had been drinking alcohol that night, and she stated that she had,” Trooper Jason Greer wrote in his report. “I could smell the odor of intoxicants coming from Ms. Santos’s breath, her eyes appeared watery, and her speech was slurred.”

Santos then agreed to take several sobriety tests.

“She appeared unsteady on her feet and swayed side to side during the test,” Trooper Greer wrote. “She also smiled during the test as if she was going to start laughing.”

The officer reported that she confessed to having three drinks and that she performed poorly on a field sobriety test.

Also in his report he wrote that she, “had difficulty standing in the instructional stance.” The report goes on to say that she, “missed almost every heel to toe, used her arms for balance, and stepped off the line multiple times.”

Santos was also reported as being a little difficult at the scene as she appeared to be trying to fool the breathalyzer by not blowing hard enough in it. After some coaxing the trooper got her to blow a .077, just under the .08 legal limit. Though she blew, the trooper decided to issue a “refusal citation” for her lack of cooperation.

Regardless of her blowing under the legal limit, she was then arrested for driving under the influence (DUI).

Yesterday she appeared in King County District Court and plead guilty to negligent driving in the 1st degree. A negligent driving plea is standard for defendants with no criminal history who are charged with DUI. Prosecutor’s office spokesman Dan Donohoe says she was given a three-month suspended sentence plus 20 hours of community service and required to pay nearly $1,500 in fines and court fees.

A suspended sentence is a period of time that the defendant must stay out of trouble with the law and complete the orders of the court (community service, paying fines, etc.). At the end of that period the judge then reviews the case and can decide to drop the sentence without the defendant going to jail or wearing an ankle bracelet.

In an interview with the Seattle Times last night, Santos denied she was drunk at the time of her arrest. She said that her car may have swerved because she was reaching for a pack of cigarettes in her purse. She also said about the refusal citation that she was simply unable to complete a breath-alcohol test that involved blowing hard into a tube for 15 seconds.

The smoking might have something to do with that.

Obviously both the police and local authorities were careful about how they conducted this situation because it flew under the radar of most publications and constituents, which was very lucky for her in an election year where she was running uncontested.

But this situation paired with a somewhat tumultuous political past may prove to be detrimental at the next election cycle for her in 2014. You see, 2010 also saw her voted out of her position as House whip by her colleagues for voting “no” on the Democrats popular revenue legislation package. It seems the only thing she may be able to depend upon is the short memory and even shorter attention span of her constituents.

Regardless, DUI is a serious charge merely because of the display of terrible decision-making. This she completely agrees with she said, “I should not have had that third drink.” Yet, as the ads say, “Buzzed driving is drunk driving.” Perhaps even the second drink was not a good idea.

If you or someone you know have sustained serious personal injuries in a dui accident then you need experienced counsel to protect your interests with the insurance companies and health care providers. Call the Seattle car accident attorneys at Phillips Webster for a free consultation.

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Update: DUI Driver Sentenced to 7 Years For Wrongful Death of 2 & Personal Injury of 2

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

January 4th, 2011: Law Blogger

Wrongful Death LawyerA case that initially sent ripples through the Everett community and shivers down the spine of the local Mothers Against Drunk Driving (MADD), has finally come to justice. We brought you the story when in happened in March of last year regarding Camille Spink, a woman who drove drunk one fateful Friday night.

Spink, 28, told police she’d had three glasses of wine at a friend’s house before she got behind the wheel of her SUV and headed toward a north Everett bar. It was not revealed what made her veer into the oncoming lane and drive the wrong way on Broadway, a main artery in Everett, but it ended in her slamming into an oncoming car containing four friends.

She punched head-on into a car, destroying it, and killing Sheena Blair, 24, and Martin “Tony” Ramirez, 19, both of Tacoma. Two other passengers Luis Reyna and Marco Ortiz, both 18, suffered serious injuries, including multiple broken bones. Neither Spink nor her passenger were injured.

Court papers said she smelled of alcohol and was stumbling and swaying at the accident scene and that she also admitted smoking marijuana earlier in the day.

What the whole community were up in arms about was the fact that she was not arrested at the time of the accident. In fact, she roamed free for a number on months before she was arrested. Authorities say that this is a fairly common practice for suspects that they don’t consider a flight risk because it allows them to form a more solid case so that they can arrest the suspect with a good foundation with which to prosecute.

This foundation led to Spink pleading guilty in November to two counts of vehicular homicide and two counts of vehicular assault. She faced up to 8 1/2 years in prison, but today, after the judge listened to the family pleading for a full sentence and her lawyers saying otherwise, a compromise was met.

She was sentenced to serve 7 years in prison for her actions, which is actually more than prosecutors agreed. Snohomish County deputy prosecutor Tobin Darrow said Spink had no previous criminal history, took responsibility for her actions by pleading guilty to all the charges and expressed her remorse by offering to meet with the victims’ families.

Spink is married with an 8 year-old son who will be well into high school when she gets out.

She gave a statement in court yesterday to the families voicing regret, but today was led off to prison in silence as the families of the victims wept in the courtroom.

“I think today’s sentencing sends the message that vehicular homicide due to DUI is taken seriously,” Blair’s grieving father told the Everett Herald. “I hope it also sends a message that you don’t have to be a bad person to kill when you’ve drinking and driving. We hope people will consider all five families and make the decision not to drink and drive.”

If you or someone you know have been injured in a DUI accident it is important that you find legal council right away. Call Phillips Webster for a consultation.

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Seattle Mayor McGinn’s New Nightclub Initiative and Drunk Driving

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 30th, 2010: Law Blogger

DUI Victims LawyerHave you ever wanted to drive somewhere, but then looked at the clock, realized it was around 2 am, and decided against it? That was probably a smart move because the law does not allow any establishment to serve alcohol after 2 am in the state of Washington. But Mayor Mike McGinn wants to change the law to allow bars, with the proper permit, to stay open and serve alcohol all night.

There are a few cities that allow 4 am or later closing times, Las Vegas and Miami are the two mainstays, but other places known for their liberal liquor laws such as New York City, Saratoga Springs, and South Carolina are looking at instating a 2 am curfew. Why are they doing this?

Why Do Bars Close at 2 AM?

Almost every person over the age of 21 has heard the dreaded “Last Caaaalllll” and, depending on their energy level, wondered what they were going to do next. Drunk people make terrible decisions, one of those decisions is to get drunker, another one is to drive. The 2 am closing time, in theory, is supposed to curb that through general behavior.

  • Driving Under the Influence (DUI)The law is actually not there to totally curb DUI. Instead the whole theory is that most people are not on the streets when the bars get out, thus the roads are open for drunks to swerve their way home.
  • Enforcement – A 2 am closing allows officers to have a set time, 1 am to 3 am in which to keep a keen eye out in main party areas for drunk drivers. The curfew also makes the schedules of police officers predictable and allows a little better control of overtime and extra enforcement.
  • Crime – There is a theory that many municipalities hold that may not be backed by data, that the 2 am close curbs crime. The theory is that people are most likely to stay in groups if they all get out at the same time and thus have less of a chance of being victimized.
  • Eating – The theory also states that many people with the energy to party past 2 am will choose to have a meal before they attempt to drive home. This will at least sober them up a little bit as they sit for an hour, eat a chicken fried steak, guzzle coffee, and talk about what people were wearing at the club that night.

What is Mayor McGinn Proposing?

As a new mayor, Mike McGinn is making waves by implementing some pretty sweeping changes. Under his tenure Seattle has seen more bike lanes, changes in road configurations, and will be seeing even more mass transit. This has caused him to make many friends and even more enemies as whole blocks of the city are torn down, the viaduct is replaced by a tunnel, and the construction of a new sea wall. But it seems the change of the curfew proposal is yielding a surprising amount of discourse and debate.

  • No close time – With a permit, some establishments will be allowed to stay open. If they follow the rules and don’t get any underage drinking or violence violations, then the establishments can keep that coveted permit. But it can also be yanked at any time, forcing them to pull all drinks and close at the 2 am marker. McGinn says that this will stagger how many people are on the road at one time and thus keep the roads safer.

Opponents – Some say that this will just cause drunk people to get drunker as some establishments will close sending an influx of people to stuff the bars that carry the late night permits.

  • Parking – People in high traffic party areas such as Belltown and Pioneer Square will be allowed to purchase temporary parking permits (as much as $7 an hour) to allow their car to stay parked without getting towed. McGinn says that this will encourage people to find alternative ways home such as Metro and taxis.

Opponents – The point has been brought up that the parking permits aren’t really an incentive if they cost as much as a taxi ride, perhaps more.

  • Enforcement – DUI enforcement will be beefed up in problem areas in order to curb drunk drivers. McGinn is proposing an increase in police officers on foot also. In theory this should decrease the number of crimes that seem to be on the rise in places such as Belltown.

Opponents – There are some in the community who are wondering where the money for this enforcement is coming from and if it may translate to neighborhoods being less safe.

  • Economic Benefit – The economic benefit could actually amount to millions of dollars as people from around the state will recognize Seattle as THE party hub of the Northwest. Bars in areas that have no curfew show that 58% of their revenue is generated between 1 am and 4 am.

Opponents – They say that with increased traffic from farther away will just lead to more DUI accidents and deaths.

Why Are Some Place Veering Towards Curfews?

Seattle DUI Victims attorneyAbove I mentioned New York and South Carolina as two prime examples of places that are seriously considering a move to a 2 am curfew. South Carolina is contemplating it due to a rise in crime in many of the high traffic party areas in some of the state’s larger cities such as Columbia and Charleston. They say that crime is easier to enforce that way by limiting the crowds, but opponents being up the fact that the majority of the crimes happen between 10 pm and 2 am in those areas.

New York City has not stated a policy at all. That’s not the city’s style, instead they choose to make a decision and then jam it down people’s throats (see the smoking ban and elimination of transfats from restaurants). This time the city just isn’t giving out new permits that allow establishments to stay open to 4am, but instead forcing them to close at 2 am. Some bars with permits are all of a sudden being presented with violations and having permits revoked. Nobody seems to know when or why the shift is happening but some are speculating that the city would like to limit transit service and bars closing earlier is a step towards that.

DUI Victims Lawyers Seek Justice

This new proposal is an interesting prospect. If you are a regular reader of this blog you know that drunk driving accidents happen mostly around closing time of the bars, but can also happen at any time. If a person has a drinking problem, staying drunk is sort of the whole point. People are going to drink regardless of whether the bars are open or not.

If you or a loved one sustain serious personal injuries caused by a drunk driver then it is imperative that you find a good lawyer with a proven track record of success in personal injury litigation. Call Phillips Webster for a free consultation.

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10 Tips For Getting Around Safely on New Year’s Eve and Still Drink

DUI, DUI accident, DUI accident attorneys, DUI victims lawyers, personal injury attorney, Seattle DUI accident lawyers

December 28th, 2010: Law Blogger

DUI Victims LawyerNew Year’s Eve is perhaps the biggest party in the Puget Sound area with tons of people running around doing (mostly) alcohol-related activities. Whether you’re going bar hopping, watching the Space Needle blow up or going to one of the many blowout parties in Tacoma, you need to get home safe without driving home drunk.

Sure, there are lots of ways to convince yourself that driving is okay. Eating a big middle of the night meal is one way people convince themselves that they are sober enough to drive. But really, that’s no plan, because after you’ve eaten you are not only still drunk, but you also want to go to sleep. We strongly discourage people from this mistake.

Just because you’ve eaten or you’ve waited an hour doesn’t mean that you’re in any condition to drive. Police know this. New Year’s Eve is a big payday for police. The arrests lead to fines, which lead to more money for the coffers of the city. But that’s not why they do it. They don’t want anyone getting killed. A DUI is bad, but if you hurt or kill another driver, its vehicular assault or vehicular homicide automatically, which are felonies that mean jail time.

You save a ton of money and your future with just a little planning.

10 Tips on New Years Eve Traveling

DUI Victims Lawyer1 – Limo – Okay, we know you’re not made of money — or perhaps you are — regardless, a limo is about $60 to $75 an hour. A limo seats 6-8 people. You get it from 8 pm to 2 am (allowing 1 hour for travel time and pickups) with a bunch of your friends, you each pitch in $70 and all of a sudden you’ve got your own personal driver all night long with no worries. Plus, the party never ends if you stock the limo fridge. Make sure to tip your driver generously.

2 – Party Van – A party van is not like Big Foot, they actually exist. They fit 25 of your friends in it and scoot you around with a designated plan. The rates are around $150 an hour, that only about $40 a person, less than a taxi. The downside is that with 25 people there is far less chance of “door to door” service picking people up or getting people home. Plus there’s the “herding cats” problem. Do your friends listen to you sober? Suggestion: set limited destinations (no more than three) and plan for everyone to end up at a hotel or house where they can crash.

3 – Giant Limo – There are limousines and then there are vehicle’s that look like they just drove out of a rap video. Usually they are gargantuan stretch SUVs that (with a kitchen) could be considered housing for an immigrant family. Instead, they are designed to cart you and 25 of your closest friends to places that…well…look like you could film a rap video. They run around $200 – $300 bucks an hour depending on the package and what’s included inside the vehicle (stocked bar, etc). Still, at around $60 a head, you and your friends may go from place to place, but who needs to leave the car?

DUI Victims Lawyer4 – Party Bus – There are entrepreneurs out there that have taken their love of parties and love of driving school buses and made them into a glorious union. You may have seen these driving all over the place full people who generally don’t know each other. That’s not a bad thing. It’s a great way to rub shoulders with new people and go to a bunch of fun pre-designated spots for as little as $20 – $30. The problem is that it picks up from a single spot and drops off at the same spot, which means getting a hotel near the drop off. Plus, whether you’re enjoying yourself or not at one place, the bus is leaving and you’re on your own if you miss it.

5 - Designated Driver – In a recent study conducted in England, it found that having a bunch of drunk fools in your vehicle could potentially be just as dangerous as having one of them behind the wheel. Think about it, as your passenger fiddles with the radio, talks about 4x louder than needed, repeats themselves, yells out the window at strangers, and tells you how much they love you, it’s no wonder you drove off of the road…you probably did it on purpose. Just make sure you get some food in them before hitting the road (BTW – they’re buying).

DUI Victims Lawyer6 – Taxi – New Years Eve is the money night for any cab driver that chooses to drive it and many do, but a lot don’t. Dealing with drunk people, arguing, and vomit is just too much for many drivers and they often choose to sit out. Thus, finding a cab may be easy to find to get to your destination, but getting one home is a whole different story, particularly if you are in the middle of nowhere. This option is only for people in the core of the action who can go to a taxi stand or flag down a taxi because the taxis actually go there to find fares. Expect long waits, to be denied if you are too drunk, and to get the stink eye if your fare is under $20.

7 – Metro – Plan, plan, plan, that’s what you need to do if you are choosing your bus route. This is perhaps the best option, but Metro and Sound Transit actually reduce the number of routes rather than increase the service. Is it a budgetary concern, we don’t know (which most likely means yes). Who cares, for a chauffer driven stretch vehicle that only costs 2 bucks to get on that will drive you home safely, it can’t be beaten. Just know your schedule and don’t be late. Plan here:

8 – Light Rail – The stops are few an far between, but if you are within a mile of a rail station and are wearing sensible shoes this might be a viable option for you. The problem is that the moment you say “Happy New Year!” you had better grab your coat and go if you’re in Seattle. Tacoma on the other hand was nice enough to extend their hours.

Seattle –

Southbound from Westlake to SeaTac/Airport – 12:37 am

Tacoma -

Tacoma Dome (Northbound) – 1:00 am

Theater District (Southbound) – 1:10 am

DUI Victims Lawyer9 – Bicycle – Okay, this is not the best way to get around because there are a bunch of drunk and buzzed drivers around. Unless you want to cover yourself in neon and Christmas lights we don’t totally recommend this method of transport on New Year’s Eve. That aside, for all of you daring types, the next question is, “Can I get a DUI for riding a bike drunk?” The unofficial answer is that it depends on how recklessly or wobbly are you riding it and is your horrible riding putting you and drivers in harms way. The official answer is (to be said in a deep official sounding voice):

Section 46.61.502 of the Revised Code of Washington, which details driving under the influence and penalties, refers to people driving a vehicle. A vehicle, as defined in section 46.04.670, “includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles.

10 – Walking – How far do you live from your destination? One mile? Two miles? Five miles? If you have some warm clothing and good shoes, you may just plan to walk. The benefit is that it’s free and you can actually hit little bars along the way if you plan correctly. The trick is to wear clothing that is light in color or reflective and always be aware of what’s around you when crossing the street. Also, it’s most fun to have a friend or two who agrees to accompany you on your trek. This method, if planed, can turn out to be one of the most fun and fulfilling New Year’s Eve modes of travel.

DUI Victim’s Attorney Seeks Justice

New Year’s Eve is one of the best times of the year because to many people it signifies a fresh start. But starting the year with a DUI or vehicular homicide charge could make it the year that your life took a turn for the worse. Would you spend $100 on a taxi to save yourself $5000 in fines, potential loss of your job, and possible jail time? Most people would say yes.

Phillips Webster represents families of victims who have been wrongfully killed in Washington State. They are skilled attorneys in wrongful death lawsuits and personal injury lawsuits with years of experience that they will use to  assure the you get the compensation you deserve.

Call Phillips Webster today for a free consultation.

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